Ramadan Street Markets Pty Ltd Terms & Conditions
1. Ramadan Street Markets Pty Ltd (ABN 37674339550) has set out in this document its standard Term and Conditions of business, which together with the Application Form, will apply to all arrangements with Vendors (Stallholders/Traders/Owners), together they constitute the ‘Vendor Agreement’.
2. Vendors must comply with the Vendor Agreement (which may be amended and updated from time to time by email), any directions of Ramadan Street Markets (the Market Manager) and any statutory or similar obligations placed upon them.
3. Application Forms must be filled in to apply for a position at Ramadan Street Markets. Acceptance is at the discretion of Ramadan Street Markets.
4. By agreeing to the Terms & Conditions on the application form, all Vendors confirm that they have considered the Workplace Health and Safety so far as it relates to the use of electricity at their Ramadan Street markets stall.
5. Once notified of their successful application, Vendors would have indicated their approval of these Terms and Conditions by agreeing to the Terms & Conditions on the online Application Form as well as by making payment by the due date. This then secures their place at the Ramadan Street Markets.
6. Fees:
- 6.1. The Vendor must pay the Fee on the due date set out in the Application or on the invoice issued for the Application. At the discretion of Market Manager, the Vendor’s Application may be terminated if the Vendor defaults in the payment of the Fees by the dates specified in the Application or on the invoice.
6.2. Stall Fees may vary, depending on the stall location of the market site you are applying for. All Stall Fees are listed on the application form on our website at ramadanstreet.com.au. - 6.3. Fees are charged per standard stall with no discount for under use. Additional Stall Fees are charged where a Vendor exceeds a standard stall size, that is 3×3 metres. Vendor Fees are based on an agreed area. If the Vendor trades outside of this agreed area, additional fees may be charged at the discretion of the Market Manager.
- 6.4. Access to the market can be refused (or a Vendor who is at the market may be asked to leave the market) by the Market Manager or assistants of Ramadan Street Markets at any time when Fees are outstanding or as a result of any breach of this Vendor Agreement.
- 6.5. Once payment for a stall is made there are no refunds.
7. Ramadan Street Markets Responsibilities:
- 7.1. The location and allocation of stalls is at the absolute discretion of the Market Manager.
- 7.2. Ramadan Street Markets Pty Ltd reserves the right to move the position of any stall.
- 7.3. Set-up details, stall position and operating times may vary from time to time. In the event of any changes, the Market Manager will notify you, by email, of any changes.
- 7.4. The Market Manager and Assistants will be in high viz vests and will assist with directions at the markets. Please approach them if you have any queries or need assistance.
- 7.5. Ramadan Street Markets Pty Ltd shall use Vendor participants’ full names, photos, or other types of representations of the events without asking permission of the subjects.
8. Vendor Responsibilities:
- 8.1. Vendors are expected to keep Market Manager updated with any changes to their contact details, company/business details and operation of the Stall.
- 8.2. Particular care, courtesy and consideration are expected of Vendors while setting up and packing down.
- 8.3. Unless advised otherwise by the Market Manager, all Vendors are to provide their own white tents/gazebo and must set-up and stay within their designated 3×3 metre space. Weights are mandatory for every stall and market event. NO PEGS are permitted. Vendors must bring all their own tables, table covers, chairs, and equipment.
- 8.4. Aisles must be kept clear, and boxes stored under tables or away from sight. Presentation of stalls must be of the highest standards.
- 8.5. Prior to each market event, Vendors will be given an allocated time to Bump In and a site map of where they’re to be positioned. Vendors must Bump In during their time slot. Vendors are to set up only in their allocated space. Vendors are to remain in that space irrespective of weather conditions, unless notified by Market Manager.
- 8.6. If there is vehicle access then the driver should drive at under 5km/hr, use their hazard lights, turn off the radio and open the window.
- 8.7. Vehicle access may differ for each market event. The Market Manager will notify you of any changes. Vehicles are not to hold up traffic but need to drive carefully to their allocated Stall position at the markets, unload first where instructed, do not set up and exit quickly in a safe manner.
- 8.8. Market activity must be contained within the Ramadan Street Market area.
- 8.9. No amplified music is permitted. No un-silenced generators are permitted.
- 8.10. No alcohol shall be sold at the Ramadan Street Markets.
- 8.11. No counterfeit goods to be sold at the Ramadan Street Markets.
- 8.12. Unless advised otherwise by the Market Manager, all Vendors must provide flooring to protect the ground surface of their allocated stall position.
- 8.13. Vendors must remove their own rubbish.
- 8.14. Vendors cannot pack up and vacate the area until the completion of the Market day. In the event of an emergency please enquire with the Market Manager.
- 8.15. Tents/gazebos and products can be walked out after the end of trade of Ramadan Street Markets; however, vehicle access may vary with each market day, please check with the Market Manager.
- 8.16. If there is vehicle access, you will not be able to drive in until the area is cleared of all pedestrians. The Market Manger will have a running schedule for this and will direct Vendor vehicles accordingly.
- 8.17. Vendors shall ensure appropriate behaviour to all visitors at the Ramadan Street Markets.
- 8.18. Vendors are to consider and adopt policies to minimise or avoid risks to themselves, their employees and other people at Ramadan Street Markets.
- 8.19. Vendors are to consider Workplace Health and Safety as it applies to their business and staff and that of doing business at Ramadan Street Markets.
- 8.20. Unless advised otherwise by the Market Manager, power is not provided on Market day, unless prearranged with the Market Manager. The hot/food product stalls who need electricity are to notify the Market Manager prior to the market day and if stated, shall pre-pay the extra fee by the due date. If electrical equipment is permitted (under a pre-arrangement with Market Manager), it must comply with Australian Safety Standards AS3760. If stalls have been approved by Ramadan Street Markets Pty Ltd to bring generators along, they must be silent and not omit smoke or any dangerous fumes.
- 8.21. Vendors are to have all leads and equipment tagged in accordance with the statutory requirements, and ensure any leads and generators are placed in such a manner so as not to create trip hazards or to present a hazard to themselves, their employees and other people at Ramadan Street Markets.
- 8.22. Electrical cables are to be heavy-duty construction standard and must have a circuit breaker. Ramadan Street Markets Pty Ltd is not qualified to provide extension leads or otherwise assist in connection with power outlets.
- 8.23. Vendors using gas must contact the Market Manager prior to commencing operation at the Ramadan Street Markets.
- 8.24. Vendors must not have at their stall more than: – One litre of approved flammable liquid – One cylinder of no more than 25 litres of LP gas in use with one spare (the cylinders must be in accordance with AS1596-1989) at their stall.
- 8.25. Gas cylinders must be secured to avoid dislodgement. Fire extinguishers and fire blankets must be carried, and ground sheets employed. Any damage to surfaces (including grass flooring) must be repaired at the cost of the Vendor. Otherwise under this rule, no naked flames should be burned in the market.
- 8.26. No animals are allowed into the market without the consent of the Market Manager.
- 8.27. Vendors can only sell the range of goods agreed to with the Market Manager and must not take on other traders’ goods for sale without prior approval as this may conflict with other Vendors’ goods.
- 8.28. Vendors selling food must comply with the NSW Food Authority guidelines, the National Code for Food Vending Vehicles and Temporary Food Premises and the requirements of the 2003 Food Act, Food Registration 2001, and will meet the requirements of whichever Council area they are trading in. All food stalls must meet the Food Regulations 2004 and Food Standards Code and any local Council Codes. Food Stalls of any kind must always check with the Council well before the market date of specific requirements as each Council is different.
- 8.29. Vendors are to advise the Market Manager, by email, with regards to what basic requirements such as power supply, waste disposal etcetera, they require for their stall, if any. If necessary, discuss with the Market Manager any suggestions in ways to maintain food safety and hygiene. Appropriate fire safety equipment should be provided by and easily accessible by the Vendor and their staff.
- 8.30. Certified Organic and/or conversion to Organic, can only be used on products that have been certified by either a Government Accredited certification body (such as AQIS in Australia); IFOAM, or ISO 65 with an organic component. Please maintain documentation to verify this status of certified organic or conversion to organic, and particularly if labelled as such. Vendors are to understand that unless their products are certified Organic, no reference should be made verbally or with signage to this claim. If you do comply with Organic certification, then please display your documents at your stall.
- 8.31. Any food Vendor selling produce that is not certified organic or in conversion must display a standard sign, with no suggestions of misleading claims of their produce/goods being Organic.
- 8.32. Food Vendors are to register with the NSW Food Authority; and if required appoint a qualified Food Supervisor; give appropriate warnings if required on food labels; and give appropriate training to all staff.
- 8.33. There is to be no washing up of equipment once service is complete. Washing up is against council regulations. Hand washing is permitted.
- 8.34. All Vendors operating their business at Ramadan Street Markets must adhere to all applicable NSW Laws, including Trade Licenses, Insurances and Permits.
9. Weather Policy:
- 9.1. All Vendor stalls are to be adequately covered and secured against wind and for wet weather.
- 9.2. All care must be taken when putting tents/gazebos down in severe weather, particularly with high winds. If there is lightning, do not take down tents/gazebos, walk with poles or put umbrellas up.
- 9.3. Enclosed shoes are mandatory for Vendors and their staff.
- 9.4. Markets are all weather venues. Inclement weather is NO excuse for non-attendance. Vendors must make arrangements to ensure that their stalls are always available.
- 9.5. Ramadan Street Market events will go ahead rain, hail or shine unless as otherwise determined by local authorities/council rules and regulations. No refunds will be paid to the Vendors.
10. Disclaimer:
- 10.1. Ramadan Street Markets Pty Ltd (including Market Managers and staff) are not liable or responsible for any of the following circumstances:
- 10.2. For any lost, stolen or damaged goods before, during or after a Ramadan Street Markets event.
- 10.3. For any accidents or injuries to any Vendors or customers or products incurred from borrowing Ramadan Street Markets supplied equipment.
- 10.4. For any accidents or injuries to any Vendors, their staff or customers or products incurred by third party contractors.
- 10.5. For any accidents or injuries to any Vendors, their staff or customers from products they buy, touch, trial or interact with whilst at the Ramadan Street Markets.
- 10.6. For the actions of any food Vendor of any type at the Ramadan Street Markets that may cause sickness or injuries as a result of food Vendors’ actions, errors or omissions.
- 10.7. Ramadan Street Markets Pty Ltd is not responsible or accountable for the rejection by any required food permit or a temporary Food Permit after booking has been confirmed or on site after an inspection by relevant Food Control authorities as a result of the failure by a food Vendor to comply with food Control Regulations. No refunds will be paid to the Vendor.
- 10.8. Ramadan Street Markets reserves the right to not refund any fees paid by Vendors for future market bookings.
- 10.9. Ramadan Street Markets is not responsible for the sales or the lack of sales by the Vendor.
11. Liability and Indemnity:
- 11.1. The Vendor shall hold harmless, release and indemnify and keep released Ramadan Street Markets Pty Ltd (including Market Managers and staff) from and against all actions, suits, claims, demands, costs, charges and expenses (including legal fees) for which the Market Manager, their servants, assistants or agents may be held liable in respect of loss, damage, accident or injury of whatsoever nature or kind and however sustained or occasioned and whether to property, persons in connection with the use of any stall and any work connected therewith.
- 11.2. Nothing in these conditions excludes, restricts or modifies the application of provisions of any statute (including the Trade Practices Act 1974) where to do so would contravene the statute or cause any part.
12. Insurance:
- 12.1. All business Vendors should ensure they have all their own insurances relevant to the operation of their food/product stall. All Vendors must have Public Liability insurance to the value of $10 million minimum. A copy of their Certificate of Currency is to be sent through with the application form to Ramadan Street Markets Pty Ltd and brought along to the Ramadan Street Markets events. If you do not have Public Liability please contact the Market Manager, as you may tap onto the Ramadan Street Markets’ Public Liability insurance for a fee of $100.
13. Termination:
- 13.1. Ramadan Street Markets Pty Ltd reserves the right to terminate a Vendor’s participation at any time, before, after or during Market event.
- 13.2. Cancellation of stalls affects the whole market and while we understand emergencies do occur, repeat cancellations may jeopardise your position and future application success.
14. Intellectual Property Rights:
- 14.1. The Vendor will retain all intellectual property rights of the Vendor but will grant Ramadan Street Markets Pty Ltd a non-exclusive license to use the intellectual property rights for the purposes of promoting the Market and incorporating the intellectual property into promotional material.
- 14.2. The Vendor is prohibited from using any of the intellectual property rights of Ramadan Street Markets Pty Ltd, without the written consent of the Market Manager, which may be withheld in its absolute discretion.
15. Confidentiality:
- 15.1. Both parties must treat the Confidential Information of the other party confidentially.
- 15.2. Both parties must not use, attempt to disclose to any third party for any reason the Confidential Information of the other party without the written permission of that party, other than:
- 15.2.1. as required by law; or
- 15.2.2. to its professional advisors to obtain professional advice.
16. Privacy:
- 16.1. All personal information of the Vendor and its officers, employees, contractors and agents, will be handled in accordance with any applicable Privacy Laws, and the Ramadan Street Markets Pty Ltd Privacy Policy.
- 16.2. The Vendors consent to Ramadan Street Markets Pty Ltd using their email and phone number and to the use of their photographs supplied by the Vendors and/or their social media images and/or photos taken at the markets.
17. Force Majeure:
- 17.1. If the holding of the Markets is prevented, delayed or abandoned by strikes, riots, lockouts, trade disputes, acts of restraint of foreign or domestic governments, pandemic or other causes not within the control of Ramadan Street Markets Pty Ltd, then Ramadan Street Markets Pty Ltd may terminate the agreement and it is agreed that Ramadan Street Markets Pty Ltd will not be held responsible for any loss of trade or profit consequent upon such cause.
18. Transfer by Ramadan Street Markets Pty Ltd:
- 18.1. Ramadan Street Markets Pty Ltd may transfer any of its rights and obligations under this agreement. Ramadan Street Markets Pty Ltd must promptly give notice in writing to the Vendor of any such transfer.
19. Governing Law:
- 19.1. This agreement is governed by the laws of New South Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
20. Entire Agreement:
- 20.1. This agreement is the entire agreement between the parties relating to the subject manner and replaces all previous representations and agreements on the subject manner. Should the Application be terminated because of default in payment of Fees, the Vendor will not be entitled to any form of compensation whatsoever, whether for loss of profits or otherwise, and any monies paid by the Vendor will not be refunded.